| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 5, 8, 9, 11, 15, 16, 19, 23 and 32 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 5, 8, 9, 11, 15, 16, 19, 23 and 32 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (RB2021/1686), being (26/06/2028).
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below) and in accordance with all approved documents.
2025-SI-01 Rev E – Location Plan
P/25/BDWH/WATH/TECH 01 rev A – Technical Layout
2025-SI-06 Rev C – Phasing Plan
2025-SI-09 Rev C – Tracking Plan
2025-HT-50-01 – Affordable 50
2025-HT-51-01 / 2025-HT-51-02 – Affordable 51
2025-HT-53-01 – Affordable 53
2025-HT-54-01 / 2025-HT-54-02 – Affordable 54
2025-HT-55-01 – Affordable 55
2025-HT-DF-01 – Denford
2025-HT-EL-01 / 2025-HT-EL-02– ELLERTON
2025-HT-MA-01 / 2025-HT-MA-02 – MAIDSTONE
2025-HT-MO-01 / 2025-HT-MO-02 – MORESBY
2025-HT-DE-01 – DENBY
2025-HT-KG-01 / 2025-HT-KG-02 – KINGSVILLE
2025-HT-KI-01 – KINGSLEY
2025-HT-WI-01 – WINDERMERE
2025-HT-RI-01 – RIPON
2025-HT-AL-01 – ALDERNEY
2025-HT-HE-01 – HESKETH
2025-HT-HA-01 – HALTON
2025-HT-RA-01 – RADLEIGH
2025-HT-AF-01 – ALFRETON
2025-HT-ARC-01 / 2025-HT-ARC-02 – ARCHFORD
2025-HT-ECK-01 – ECKINGTON
2025-HT-HAD-01 / 2025-HT-HAD-02 – HADLEY
2025-HT-ING-01 – INGLEBY
2025-HT-KEN-01 – KENNETT
2025-HT-MIL-01 – MILLFORD
2025-HT-KIR-01 – KIRKDALE
2025-HT-HER-01 – HERFORD
2025-HT-AVN-01 - AVONDALE
2025-GA-01 / 2025-GA-02 / 2025-GA-03 / 2025-GA-03 – SINGLE AND DOUBLE GARAGES
23/766/10571A – Basin Layout
23/766/10572A – Basin Layout Cross Sections
FFL-1 Rev 8 – Landscape Masterplan
FFL-1A – LEAP Detail
Reason
To define the permission and for the avoidance of doubt.
03
Prior to construction works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Prior to the first dwelling being occupied details of signposting to walking and cycling networks and links to them shall be submitted to and approved by the Local Planning Authority. The details shall include the location, design, appearance, scale and height of signs.
Reason
To promote access to local green and blue infrastructure and allow access to safe, good quality green space for play and recreation opportunities.
Construction Management Plan
05
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage areas, including parking of vehicles and areas for loading / unloading of materials
o Delivery times of materials and plant
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Air Quality and Emissions
06
Before the first dwelling is occupied details of electric vehicle charging and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide a Standard Electric Vehicle Charging point providing a continuous supply of at least 16A (3.5kW) for each residential unit that has a dedicated parking space
Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement.
Amenity
07
The scheme of sound attenuation including glazing and trickle ventilation, shall be provided and installed in accordance with the criteria as specified in Sections 7.0, 7.1 and 7.2, and Appendix 4 of the Noise Assessment by SLR, dated: March 2022 (Ref: 403.04993.00078, Version No.3)
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development.
Highways
08
Prior to the commencement of works details of the proposed vehicle access and works associated with the alteration to the change in speed limit location as indicated in draft form on Drg No 21063/GA01 on Doncaster Road shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling.
NB. This will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard.
Reason
In the interests of highway safety.
09
Prior to the commencement of works details of the provision of a dropped pedestrian crossing in Doncaster Road and footway links as indicated in draft on Drg No 2025-SI-04 Rev T shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling.
NB. This will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard.
Reason
In the interest of highway safety.
10
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either
a/ a permeable surface and associated water retention/collection drainage, or
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
11
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
12
Prior to the first dwelling being occupied a Travel Pack shall be produced in the form of an introduction pack to the area with information on buses, trains, cycle and walking routes, local facilities such as schools, doctor’s surgeries and other local facilities (shops, parks etc.) and submitted to and approved by the Local Planning Authority. The approved Travel Pack shall be provided for each new resident on first occupation of any dwelling.
Reason
In order to promote sustainable transport choices.
Ecology
13
Notwithstanding the submitted details, before above ground works commence details of external lighting shall be submitted to and approved in writing by the Local Planning
Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external lighting be installed.
Reason
To minimise light pollution and reduce the impact on wildlife.
14
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
15
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) have been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
i) Description and evaluation of features to be managed and enhanced; including
a) Description of new landscape planting incorporating native plant species
b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
c) The location and number of bat roosting features should be included within the new residential properties
d) The location and number of bird nest boxes (including two swift boxes) should be integrated into the new residential properties.
ii) Extent and location/area of proposed enhancement works on appropriate scale
maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, a progress report shall be sent to the Local
Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and
objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To ensure no net loss in biodiversity across the sites.
16
No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of ‘biodiversity protection zones’.
c) Practical measures (both physical measures and sensitive working practices) to
avoid or reduce impacts during construction (may be provided as a set of method
statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on
site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or
similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason
In the interests of biodiversity and ecology.
Landscapes
17
Prior to any above ground development taking place, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
- The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
- The extent of any changes to existing ground levels, where these are proposed.
- Any constraints in the form of existing or proposed site services, or visibility requirements.
- Areas of structural and ornamental planting that are to be carried out.
- The positions, design, materials and type of any boundary treatment to be erected.
- The positions, design, materials and type of any surface treatment to be constructed.
- The positions, design, materials and type of any external space furniture to be provided.
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
18
Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
19
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority.
All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• A schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing)
• Access arrangements and car parking
• Level changes
• A Tree protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Evidence shall be submitted to the Local Planning Authority show that the
development is being carried out in accordance with the method statement and tree protection plan. This could include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the duration of the development.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
Drainage
20
Development shall be carried out in accordance with the submitted Flood Risk Assessment (ref: 22/0041.02, Revision 03, dated 3rd July 2024), prepared by JOC Consultants Ltd, to mitigate on and off-site flood risk. Floor levels and flood susceptible infrastructure should be a minimum of 150mm above finished ground level.
Reason
To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
21
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge as set out in the submitted Flood Risk Assessment (ref: 2025-HT-AVN-01 rev 02), dated 17th January 2024, prepared by JOC Consultants.
Reason
In the interest of satisfactory and sustainable drainage.
22
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
23
The development hereby granted shall not be begun until details of the foul & surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.
Land Contamination
24
Prior to above ground works commencing in each phase, a Remediation Method Statement shall be provided in accordance with sections 14.2.1 and 14.2.5 of the report entitled ‘Geo-Environmental Appraisal – Land at Farfield Lane, Rotherham’ prepared by Lithos Consulting Ltd, dated October 2021, Reference 4004/1a, and shall be approved by this Local Authority prior to any remediation works commencing on site.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
25
If during development works unexpected significant contamination is encountered, the local planning authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
26
26
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-1 with a corresponding ACEC class of AC- Z2.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
27
If subsoil/topsoil is required to be imported to site for remedial works/garden areas, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. The results of which will need to be presented within a Validation Report.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
28
Following completion of any remedial/ground preparation works in each phase a Validation Report should be forwarded to the Local Authority for review and comment. The Validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Validation Report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Archaeology
29
The document ‘FFLW22_TT-WSI-VD170823’ sets out a strategy for archaeological investigation that has been approved in writing on behalf of the Local Planning Authority. The development shall only take place in accordance with the approved Written Scheme of Investigation (WSI) unless an updated WSI and timetable has been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Waste Management Plan
30
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
4) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
5) measures to minimise the use of raw materials and minimise pollution of any waste;
6) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
7) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
8) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Communication
31
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
Local Labour Agreement
32
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’.
Informatives
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
04
SY Fire and Rescue have made the following recommendations:
• Access for appliances should be in accordance with Approved Document B, Volume 1, part B5, Section 13.
• Water supplies should be in accordance with Approved Document B, Volume 1, part B5, Section 14.
• However, subject to Section 55 of the South Yorkshire Act 1980, South Yorkshire Fire & Rescue now have pump appliances with a gross weight of 18 tonnes, which is significantly heavier than indicated in ADB 1, section 13.
05
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he should contact our Developer Services Team (telephone 0345 120 84 82, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition as supplemented by Yorkshire Water's requirements.
07
SY Police ALO recommends the site is developed in accordance with Secured by Design standards (www.securedbydesign.co.uk)
08
Cadent Gas Ltd own and operate the gas infrastructure within the area of your development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist.
If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions
Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to.
Cadent may have a Deed of Easement on the pipeline, which provides us with a right of access for a number of functions and prevents change to existing ground levels, storage of materials. It also prevents the erection of permanent/temporary buildings, or structures. If necessary Cadent will take action to legally enforce the terms of the easement.
09
The proposed development lies within an area which is likely to contain features of geodiversity interest. In accordance with Policy CS 20 of the Adopted Core Strategy, RMBC strongly advises that any excavations into natural ground, superficial deposits and bedrock carried out in the course of development works should be examined by a competent geoscientist so that any features of geodiversity interest that may be present can be recorded. Sheffield Area Geology Trust can advise on geodiversity features that are expected to be present and their documentation and conservation email sageologytrust@gmail.com
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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